Opinion by Melissa Murray and Leah Litman: Alito’s aggressive ruling would reach way beyond Roe
But to read the actual draft is another matter. The draft goes out of its way to ensure that there are no limits whatsoever on states’ ability to restrict
s. It loudly announces that courts should review abortion restrictions under the most deferential standard available, rational basis review, and not “substitute their … beliefs for the judgment of legislative bodies.”.
The draft also could open the door to claims of “fetal personhood,” a position that would not only permit states to prohibit abortion but would prevent states that choose to allow abortion from doing so. A footnote cites anwithin the original public meaning of the Fourteenth Amendment’s Due Process and Equal Protection Clauses” — a conclusion they say would make “prohibitions of elective abortions constitutionally obligatory.
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